Animal Welfare (Sentience) Bill [Lords]

Alison Thewliss Excerpts

2nd reading
Tuesday 18th January 2022 Commons Chamber

[Deidre Brock (Edinburgh North and Leith) (SNP)]

Animal welfare is a devolved issue and the scope of the Bill is largely England-only. With that established, the Scottish National party broadly welcomes the legislation and is pleased that the UK Government are following our lead in this area. The Scottish Government pledged to maintain high animal welfare standards after we left the EU and, in June 2020, established the Scottish Animal Welfare Commission, which is an independent body of leading animal welfare experts responsible for developing expert recommendations on issues relating to animal welfare and sentience. The Bill seeks to replicate its evidence-based policymaking success and expert-driven approach.

The SNP and the Scottish Government take animal welfare extremely seriously. Our party has been vocal in addressing concerns at UK level, and the Scottish Government’s programme for government committed to taking steps to strengthen animal welfare legislation. Each financial year, the commission must prepare a work plan setting out how it intends to perform its functions. It then produces an annual report, laid before the Scottish Parliament, detailing how it has delivered against the work plan. It has the power to establish committees and sub-committees, and the first meeting of the sentience sub-committee took place in November 2021. That group has the function of reviewing sentience-related issues, filtering and prioritising the commission’s programme of work.

The establishment of the commission offered an opportunity post Brexit to replicate article 13. Given that since January 2021, for the first time in more than two decades, there has been no legal requirement for the welfare of animals as sentient beings to be considered in the UK Government’s policy process, it really is about time this place implemented its replacement.

Concerns have been raised about the membership of England’s Animal Sentience Committee, as well as its resources, structure and operation. The Bill has not been updated to address any of those concerns and is essentially the same as when it was introduced, which I note created quite a stooshie in the other place. In my view, membership regulations ought to be considered for the Bill, as should the structures in which they may operate. As an example of where issues could occur, will foxes be considered as sentient beings and will they be granted such protections by the committee, or will that be another cultural flashpoint?

We recommend that the committee avoids being too prescriptive—I know that is the Minister’s view—but rather follows the lead of the evidence-led SAWC. The commission reports welfare policies and recommendations to Scottish Ministers, and just as it has a statutory duty to publish any such advice, the Animal Sentience Committee must also publish its reporting. The Scottish Government have often acted upon the recommendations of the commission. Sensible and pragmatic solutions to policy issues such as beaver reintroduction and management of deer have been taken forward on the basis of the commission’s advice. The commission has also strongly welcomed and worked on the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 and the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021.

Let me give an example of what England’s new Animal Sentience Committee might examine. Following concerns raised by a number of animal welfare groups, the Scottish Government announced a review of the trade and importation of exotic pets, and of potential threats to animal health and welfare, human health, and native species in Scotland. An interim report was published last year by the Scottish Animal Welfare Commission outlining concerns about the welfare of exotic pets, including their sourcing, breeding, transport and keeping. I understand that the Minister of State is keeping tabs on that work. We will of course be happy if the UK Government make use of the final report when it is published and carry out their own investigations. The Scottish National party also welcomes the Bill’s recognition of cephalopods and decapod crustaceans as sentient.

Although the Bill largely applies only to England, there are areas of it that the SNP believes must be strengthened, notably in respect of animal cosmetics and scientific procedures, which are matters reserved to the UK Government. There has been some mention of European Union regulations today. In September last year, the European Parliament voted for an EU-wide action plan with clear objectives as well as, crucially, timelines for the phasing out of the use of animals in research, regulatory testing and education. It envisages that happening through the reduction, refining and replacement of procedures on live animals for scientific purposes, as soon as it is scientifically possible and with no lowering of the level of protection for human health and the environment. In fact, the EU has leapt in front of the UK on animal welfare standards. We call on the UK Government to reclaim the leadership on this issue that they have shown in the past.

The Bill legislates to enshrine the ability of animals to experience joy and feel suffering and pain, but unfortunately the UK Government do not seek to recognise that animals undergoing scientific experiments or Ministry of Defence tests have rights to sentience; they are excluded from protections. A written question from the hon. Member for Lancaster and Fleetwood (Cat Smith) revealed that the Ministry of Defence has carried out nearly 59,000 experimental procedures on animals since 2009. The SNP therefore calls for greater transparency in the animal research industry, and for a commitment in the Bill on the sentience of animals and their welfare rights in relation to the outdated methods used in animal testing and military experiments.

[Alison Thewliss (Glasgow Central) (SNP)]

My hon. Friend has made a good point about experimentation on animals by the MOD. Does she share my concern about the fact that it includes primates? As recently as 2018, 56 marmosets were subject to such experimentation.

[Deidre Brock]

I very much share my hon. Friend’s concern, and I will say more about that later. I genuinely believe that the general public are not aware of the extent and nature of these experiments, or of which animals are used in them. If amendments to the Bill are tabled and accepted in Committee, that may help the public to appreciate what is going on, and may help to reduce reliance on such experiments.

Every two minutes in the UK, a dog, cat, rabbit, rat, monkey, goat, sheep, mouse, or fish suffers from brutal animal testing conducted on it against its sentience and welfare rights, but a survey conducted in 2020 by the UK charity FRAME—the Fund for the Replacement of Animals in Medical Experiments—found that 84% of respondents would not buy a cosmetics product if they knew that it, or one of its ingredients, had been tested on animals. Animals in laboratories can legally be poisoned with toxic chemicals, shot, irradiated, gassed, blown up, drowned, stabbed, burned, starved, or restrained to the point at which they develop ulcers or heart failure. They can have their bones broken or their limbs amputated. They can be subject to inescapable electric shocks, driven to depression, deprived of sleep to the point of brain damage, or infected with diseases.

A YouGov poll commissioned by Cruelty Free International shows that people in Scotland and Wales believe that more should be done to prioritise humane and human-relevant science. The findings reveal that seven out of 10 adults living in Scotland and Wales find it unacceptable to use animals for experiments when alternative non-animal research methods are available. In addition, more than three quarters of adults living in Scotland and Wales believe that alternatives to animal tests should be a funding priority in the UK for science and innovation, and a majority in Scotland and Wales want deadlines for phasing out animal tests. I look forward to further discussions on that as the Bill goes through its stages.

When Scottish and Welsh residents were asked about use of specific species in research, they consistently said that it was unacceptable to test on dogs, cats and monkeys, yet despite those public concerns, the UK remains one of the top users in Europe of primates and dogs in experiments. The more we understand animals’ sentience, capabilities and emotions, the more the idea of granting rights to animals is worth taking seriously, urgently. The Scottish National party supports the Bill but urges the Government to address those ongoing issues.